Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-04-20
GREAT ENGLISH SENSATION,
A F0reed Letter-Parnell Implicated
Decision 1. 8. C.. C.-Debate In
the House of Commons.
1. 8. q. COMMISSION.
1t Decides Some Knotty and Interesting
Points.

1t Decides Some Knotty and Intsresrin,
Points.
WAsHINGroN, April 18.-1n reply tt
Bishop Knickerbocker, of Indianapolis
who inquired as to the right of a railroad
to transport missionaries at separate
rates, the Commission writes that it hal
no power in the premises. "There is nc
doubt" Judge Cooley says, "of the right
of railroads to gran special privileges to
religious teachers, and deciding in good
faith what they will do they can scarcely
be said to incuAthe risk of the penalties
The penalties are for wiful violations ol
the aaw andsnot for errors OF Judgment"
Replies Of similar purport have been
made to inquiries with respect to the trans.
porting of persons as an act OF charity.
Judge Cooley has addressed the following
letter to Hon. II. L. Muldrow, Acting Sec
retary of the Interior:
DEAR SR:-The Interstate Commerce
ssion,acknowledges the receipt from
you of q Communication asking for it's
opinion upon the questions following:
First. Is it lawful, under the Interstate
Commerce act, for common carriers to
make special rates to individuals in order
that such individuals may offer and make
proposals to this department Tor trans
portation of Indian supplies.
Second. Whether transportation over
the lines of common carriers of Indian
goods for and on behalf of an individual
with whom q contract may he made by
this department for their transportation
from the place OF purchase to their ulti-
mate destination, will be considered and
hold Of horllSvu NJ
property at reduced rates for the United
States under section 22 of the Interstate
Commerce act.
The fact upon which the questions arise
are given in your communication and ap-
pear to be the following, that the govern
ment contractors for the delivery of sup
plies needed for Indian service at New
York, Chicago and other points, then ad-
vertised for bids for the transportation OF
supplies from tire points OF purchase to
the point whore they are to be made use
OF. This is q sufficient statement for the
purposes of an answer. The Commission
directs me to say to you that it does not
understand it has any general
power to construe the statute or
that it is organized for the purpose
of guiding or controlling the actions
of individuals in either private business or
der the law are brought to it's attention,
or when relief which is in it's power to
grant is prayed for. The commission has,
therefore. uniformly declined to express
opinions on abstract questions of con-
struction at the request of private citizens
or organizations. deeming it alike proper
and prudent to do so. Difference to de-
partment of the Government inclines the
Commission to make an exception
of your request, especially as
doubt regarding the rights of the govern
ment might seriously affect bids for trans
portation, which ere to be called for
Coming to the question then, I am further
directed to say in it's view the statement
made by you Of the facts constitutes of
itself a complete answer. The supplies as
you show are delivered to the government
at the pointe desippated and they are then
transported at the cost OF the government
to points where they are to be made use of.
The transportation is therefore for the
United States, io the words OF the Inter-
State Commerce law and it is imlnaterial
what is done by the contractor when the
government receives the benefit of free or
reduced rates as it must be presumed to
do when bids are made in reliance upon
the expectation that such rates will be
granted.